Blueprint for Survival: A New Paradigm for International Environmental Emergencies

Abstract

Experts predict that the world is going to experience an ever-increasing number of major environmental emergencies in which one or more pollutant(s) is/are released, given our societies’ increasing use of pollutants in industry and commerce. Furthermore, given many States’ increasing populations and urbanization, such events are likely to harm an ever-increasing number of people and environments exposed to these pollutants. Moreover, in our increasingly interconnected world, such events are likely to expose an ever-increasing number of nationals and environments in other States (target States) to such pollutants. At present, the international community does not have a workable system that would permit a target State to protect its own nationals and environments from such a disaster. The U.N. Security Council most likely would possess the power to order a multilateral force to enter a State experiencing a major international environmental emergency (locus State) to investigate and then remediate the emergency, if necessary. However, any of the five permanent members of the Security Council could veto a resolution authorizing such action. On the other hand, while a target State which is actually threatened with widespread harm should possess the power to enter the locus State to protect its nationals and environment, the locus State could prevent the target State from entering the locus State for the purpose of determining the level of threat that it is facing.

My article proposes the adoption of a new treaty that would provide a workable system for the international community whenever it appears that a major international environmental emergency has occurred. This treaty is based on my dual background in international law and property law. My proposed treaty is also supported by criminal law, property law, torts law, and environmental law. While the details of such a treaty undoubtedly would evolve over time, I hope that my article will initiate serious study of such a treaty.

Keywords: pollution, pollutant, international, environmental, UN, treaty